Carlos owns a farm in the Rio Grande valley and holds a water right with an 1895 priority date. His neighbor, Diane, holds a water right with a 1952 priority date, drawing from the same irrigation ditch. During a severe drought, the Office of the State Engineer declares a water shortage and restricts diversions. Under New Mexico's prior appropriation doctrine, which of the following outcomes is correct?
Correct Answer
C) Carlos may satisfy his full allocation before Diane receives any water, because his 1895 priority date is senior to Diane's 1952 date
New Mexico's prior appropriation doctrine operates strictly on the principle of 'first in time, first in right' under NMSA 1978, Chapter 72. Carlos's 1895 priority date makes him a senior appropriator relative to Diane's 1952 date. During a shortage, the Office of the State Engineer enforces priority by requiring junior appropriators to curtail or cease diversions until senior rights are fully satisfied. Carlos can therefore divert his full allocated amount before Diane receives any water.
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